Pensioner must pay £10 a week for life after losing legal battle against gas pipeline station
A PENSIONER will have to pay £10 a week for the rest of her life after losing a legal battle with Neath Port Talbot Council.
Linda Ware has branded the authority a "Shylock council" for using taxpayers' money to get its pound of flesh.
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Linda Ware
The 61-year-old from Neath led the ultimately doomed fight against a controversial gas pressure reduction station in Cilfrew.
Her failed crusade left her liable to pay council costs of £42,000, which was later reduced to £24,000.
Ms Ware, of March Hywel, was due to challenge the awarding of costs in London's Supreme Court Costs Office last week.
But just days beforehand she was told the Legal Services Commission was withdrawing her legal aid.
An out-of-court settlement was agreed, with Neath Port Talbot agreeing to accept £7,000 from Mrs Ware.
She must pay this off at £9.75 a week for the next 14 years — unless she dies in the meantime.
"It effectively means I will have to pay this for the rest of my life," said Ms Ware.
"I feel like I've been kicked by a horse, but I felt I had to accept the offer or the council would have taken it further.
"What has upset me more than anything is the fact they are using public money to get the result they wanted, yet they are closing schools and laying off teachers."
Neath Port Talbot granted planning permission for the gas reduction station, part of National Grid's new pipeline from West Wales to Gloucestershire, in September 2006 despite a public outcry. As Cilfrew Residents' Association secretary, Ms Ware successfully challenged this through a judicial review in the High Court.
Neath Port Talbot then appealed against that decision and won in December 2007, with costs awarded against Ms Ware.
She is now considering taking action under human rights legislation, claiming she had been made an example of for opposing the council over an environmental issue.
"I will have to cope with paying the money," she added.
"I'm not materialistic so I think I can manage."
Council finance director Derek Davies said the authority had recovered £41,000 in legal aid from the Legal Services Commission as well as Ms Ware's payment.
"We are glad this case has now been brought to an end," he said.
"The council did not seek this litigation but has defended its position successfully.
"Having obtained an order for costs the council is obliged to pursue it.
"This we have done in the normal way."
5 Comments
by jeffery perkins, port talbot / dirty town
Saturday, September 26 2009, 3:46PM
“Look back through the papers and you will find a flytiper from Sandfields caused £7000 of mess to clean up. The council allowed this convicted flytipper to get away without costs. Here the council is bullying a pensioner in to paying costs. Where is the logic of this bully boy council. It has been said before this council likes to attack the weak and here is a classic example once agin they lost the fight and were quite prepared to spend as much public money as they wanted to flex their muscles.
The figures in the paper dont add up. How can they reduce costs at a whim, does this not mean the costs were inflated to start with?
What is Aarhus? Is it not an EU given right to have justice without fear of costs. I believe this council and the WAG are treating human rights in this town and in Wales as a joke. Good for her standing up to the bully boy idiots running this town. Pity there were not a few more like her. Its not what you know in this town its who you know. I would advise this lady to go to the finacial services ombudsman as she was given legal assitance and then it got removed, this cannot be right. I am sure FOS would look sympathetically on it, it might take a couple of years but would be worth the effort. If she wants a hand with the appeal you have my email and can pass it onto her. How can you work with the typical moving goal post system of law in Port Talbot and Wales?
You might have guessed I am anti N+PT CBC idiots.”
by Bobby, Neath
Saturday, September 26 2009, 3:43PM
“She said public money was used to get the result ?.
What about the thousands of pounds of public money she expected in legal aid.
And the gas station was not plonked on top of them, it is in fact on top of the mountain, and I doubt very much that it is visible from her house.
She is a professional protester that relied on public funds to try and get her own way.
If the people of Cilfrew really wanted to protest they could have told the gas companies to take the gas out of their homes.”
by J Jones, Cardiff
Saturday, September 26 2009, 1:57PM
“Isn't it strange how some people just can't grasp the point ?? What does Luke think Ms Ware was doing when she put herself forward to protect a whole village from having a monstrous gas reduction station plonked on top of them ? I'd call that a whole village "in need" ....”
by Luke, Swansea
Saturday, September 26 2009, 12:19PM
“Isn't it nice to know that some people have all the time in the world to faff around. This woman is a regular 'pain in the butt'. Get a proper life, do something worthwhile, if you are that bored, why not do some volunteering work and help someone in need.”
by geoff, Westcross
Saturday, September 26 2009, 9:34AM
“Unlucky on that one linda
nice to see you in the news again!
If i were you,Id go to the ombudsman.tell them you cannot afford this amount every week.write down your income and outgoing on the forms they send you,and they usually sort out a lower rate to pay anyway.You have to pay for the rest of your life anyway so its well worth the effort going down this route.cant wait for your next battle.the tomatoes is still my fav..hehe!!!!”